Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent.

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S3462-2013 Actions

• Mar 4, 2013: OPINION REFERRED TO JUDICIARY
• Feb 6, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Feb 4, 2013: REFERRED TO JUDICIARY

S3462-2013 Memo

BILL NUMBER:S3462

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing  an  amendment  to  section  8  of article 4 of the constitution, in
relation to legislative review of rules and regulations

PURPOSE: To allow the legislature to invalidate regulations that are not
consistent with legislative  intent  or  which  are  likely  to  have  a
substantial  unanticipated  fiscal  impact on the state or local govern-
ments.

SUMMARY OF PROVISIONS: This bill will amend the  Constitution  to  allow
the  legislature  by  majority  vote  of both houses to invalidate regu-
lations not consistent with the legislative intent or which  are  likely
to  have a substantial unanticipated fiscal impact on the state or local
governments.

EXISTING LAW: There is no provision similar to  this  in  the  New  York
Constitution.

JUSTIFICATION:  The  intent  of  the legislature in passing a particular
statute must be the paramount concern in drafting rules and  regulations
implementing  the  statute.  The  will  of the legislature should not be
altered or circumvented by  state  agencies  drafting  rules  and  regu-
lations. When rules and regulations exceed or stray from the legislative
intent, there may be unanticipated burdens placed on the constituents of
the  legislators  which voted for the legislation at issue. In addition,
in these tight financial times, it is also important that regulations do
not impose costs on the state or local governments which were not antic-
ipated by the legislature at the time  of  passage  of  the  legislation
which the regulations are implementing.

This  bill  would  allow the legislature to identify and eliminate regu-
lations that the legislature never intended which  may  impose  needless
burdens and costs on consumers, businesses or government.  Specifically,
this  bill  would amend the Constitution to authorize the legislature to
review any rule or regulation to determine if it is consistent with  the
intent  of  the  legislature  or if it would have a substantial unantic-
ipated fiscal impact on the state or local governments. Upon making such
a finding through a concurrent resolution to the governor and  the  head
of  the  appropriate  agency,  the  agency would be required to amend or
withdraw the regulation. In the event that the agency fails to take such
action within thirty days, the legislature may vote to  invalidate  such
regulation.

LEGISLATIVE  HISTORY:  S.2381  of  2011-12; S.3048 of 2009-10; S.6982 of
2008.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly concur).   That the  foregoing
amendment be referred to the first regular legislative session convening
after  the  next succeeding general election of members of the assembly,
and, in conformity with section 1 of article 19 of the constitution,  be
published for 3 months previous to the time of such election.

S3462-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3462

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 4, 2013
                                 ___________

  Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

              CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

  proposing an amendment to section 8 of article 4 of the constitution, in
    relation to legislative review of rules and regulations

    Section 1. Resolved (if the Assembly concur), That section 8 of  arti-
  cle 4 of the constitution be amended to read as follows:

    S  8.  No  rule  or  regulation  made  by any state department, board,
  bureau, officer, authority or commission, except such as relates to  the
  organization  or  internal  management  of  a  state  department, board,
  bureau, authority or commission shall be effective until it is filed  in
  the office of the department of state. The legislature shall provide for
  the  speedy  publication  of  such  rules and regulations by appropriate
  laws.  THE LEGISLATURE MAY REVIEW ANY RULE OR REGULATION TO DETERMINE IF
  THE RULE OR REGULATION IS CONSISTENT WITH THE INTENT OF THE  LEGISLATURE
  AS EXPRESSED IN THE LANGUAGE OF THE STATUTE WHICH THE RULE OR REGULATION
  IS  INTENDED  TO IMPLEMENT AND/OR TO DETERMINE WHETHER THE RULE OR REGU-
  LATION IS LIKELY TO HAVE A SUBSTANTIAL FISCAL IMPACT  ON  THE  STATE  OR
  LOCAL  GOVERNMENTS  WHICH  WAS NOT ANTICIPATED BY THE LEGISLATURE AT THE
  TIME OF THE PASSAGE OF THE LEGISLATION. UPON A FINDING THAT AN  EXISTING
  OR PROPOSED RULE OR REGULATION IS NOT CONSISTENT WITH LEGISLATIVE INTENT
  AND/OR  A  FINDING  OF  A SUBSTANTIAL UNANTICIPATED FISCAL IMPACT ON THE
  STATE OR LOCAL GOVERNMENTS, THE LEGISLATURE SHALL TRANSMIT THIS  FINDING
  IN  THE  FORM OF A CONCURRENT RESOLUTION TO THE GOVERNOR AND THE HEAD OF
  THE STATE DEPARTMENT,  BOARD,  BUREAU,  AUTHORITY  OR  COMMISSION  WHICH
  PROMULGATED,  OR  PLANS TO PROMULGATE, THE RULE OR REGULATION. THE STATE
  DEPARTMENT, BOARD, BUREAU, AUTHORITY OR  COMMISSION  SHALL  HAVE  THIRTY
  DAYS  TO  AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE OR REGULATION.
  IF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION DOES NOT
  AMEND OR WITHDRAW THE EXISTING  OR  PROPOSED  RULE  OR  REGULATION,  THE
  LEGISLATURE MAY INVALIDATE THAT RULE OR REGULATION, IN WHOLE OR IN PART,
  OR  MAY  PROHIBIT THAT PROPOSED RULE OR REGULATION, IN WHOLE OR IN PART,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89107-01-3

 S. 3462                             2

  FROM TAKING EFFECT BY A VOTE OF A MAJORITY OF THE AUTHORIZED  MEMBERSHIP
  OF  EACH HOUSE IN FAVOR OF A CONCURRENT RESOLUTION PROVIDING FOR INVALI-
  DATION OR PROHIBITION, AS THE CASE MAY BE, OF THE RULE OR REGULATION.
    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
  be referred to the first regular legislative session convening after the
  next succeeding general election of members of  the  assembly,  and,  in
  conformity  with  section  1  of  article  19  of  the  constitution, be
  published for 3 months previous to the time of such election.